Under the globally recognised Nice Classification system, trademarks are categorised into 45 different classes to facilitate the registration and protection of various goods and services. Trademark Class 35 includes the services related to advertising, business management, business administration, and office functions. Class 35 is one of the most used classes in trademark registration for companies that are involved in commercial, marketing, and promotional activities. From retail chains to online marketplaces, Class 35 offers comprehensive protection for businesses seeking to establish a distinct brand identity in commercial operations.
This blog provides a complete guide to Trademark Class 35 in India, including what it covers, who should register, what is excluded, examples, benefits of registration, and the step-by-step registration process.
What is Trademark Class 35?
Trademark Class 35 pertains to services primarily related to helping businesses conduct or promote their commercial activities. This includes advertising, marketing, retail, wholesale distribution, import-export services, and office management.
Services Covered under Trademark Class 35
Trademark Class 35 covers a wide range of services that support commercial, advertising, and office-related functions. The following is a comprehensive list of services included:
1. Advertising and Marketing Services
- Advertising and publicity via print, digital, broadcast, or outdoor media
- Online advertising on computer networks, websites, and search engines
- Direct mail advertising and leaflet distribution
- Production of advertising films and promotional videos
- Organisation of trade fairs, exhibitions, and promotional events
- Sales promotion for others and product merchandising
- Sponsorship search and commercial administration of licensing agreements
- Digital marketing, SEO services, influencer promotions
- Telemarketing and advertising by SMS or email
2. Business Management and Consultancy Services
- Business management and strategic planning
- Commercial business management and enterprise organization
- Business administration for others
- Consultancy for business process improvement
- Assistance with business franchising
- Efficiency expert services and business information analysis
- Compilation of business data, indexing and systematization of data
- Administrative processing of purchase orders
3. Retail and Wholesale Services
- Retail and wholesale of goods via physical stores
- Online retail and e-commerce services
- Shopping mall and supermarket services
- Catalogue distribution and showroom sales promotion
- Commercial intermediation for buyers and sellers
- Import and export agency services
- Procurement services for third parties (purchasing goods and services for other businesses)
4. Human Resources and Office Services
- Employment agency services and recruitment assistance
- Personnel management consultancy and human resource services
- Temporary staffing and outsourcing of personnel
- Payroll preparation and accounting
- Office functions, filing, photocopying, and document reproduction
5. Business Investigations and Reporting
- Economic forecasting and analysis
- Market studies and consumer research
- Opinion polling and statistical evaluation
- Compilation of business directories and company profiles
- Business appraisals and brand auditing
Examples of Trademarks in Class 35
- Amazon
- Flipkart
- Shaadi.com
- Naukri.com
- Deloitte
What Class 35 does not cover
Trademark Class 35 does not include:
- Financial and insurance services are covered in Class 36
- Educational services are covered in Class 41
- Software development and IT solutions are covered in Class 42
- Legal or security consultancy is covered in Class 45
- Medical, hygienic, or therapeutic services are covered in Class 44
- Manufacturing of goods covered in Goods is classified under Classes 1 to 34 based on type
Who Should Register under Trademark Class 35?
- Advertising and digital marketing agencies
- Business consultants and management firms
- Human resources and recruitment companies
- Online marketplaces and e-commerce platforms
- Import-export businesses and trading houses
- Event managers and exhibition organisers
- Retailers, wholesalers, and franchise chains
- Outsourcing and business process support providers
- Commercial analytics and data services firms
Benefits of Registering a Trademark under Class 35
- Legal ownership of your brand name in the commercial and advertising domain.
- Protects your brand from unauthorised use or imitation in competitive markets.
- Builds credibility among clients, investors, and commercial partners.
- Facilitates expansion via franchising, licensing, and affiliate partnerships.
- Strengthens brand recognition across retail and marketing networks
- Helps in legal enforcement during domain name or brand disputes
- Supports the valuation of goodwill in mergers and acquisitions
Overlapping Classes
Trademark Class 35 may overlap with the following trademarks:
- Class 9: For software tools, e-commerce apps, AI systems, and digital interfaces used in commercial transactions
- Class 16: For printed materials like advertising brochures, business cards, catalogues, and office stationery
- Class 36: For financial, insurance, leasing, and real estate services linked to commercial ventures
- Class 38: For communication services related to advertising and commerce, such as call centres and online chat platforms
- Class 39: For logistics, transportation, warehousing, and distribution support to commercial businesses
- Class 41: For professional training, webinars, and education in sales, business management, or marketing
- Class 42: For IT support services such as website creation, SEO, and hosting for business promotion
- Class 45: For legal services, including trademark registration, licensing, and enforcement support for businesses
How to Register a Trademark under Class 35 in India?
Step 1: Conduct a Trademark Search
Visit the IP India Public Search Portal to check the availability of your mark.
Step 2: File Form TM-A
Draft the application using Form TM-A. Use correct terminology based on the official classification. You can file the application either online via the IP India website or manually at the Trademark Registry office.
Step 3: Examination
After you file your trademark application, the Registrar of Trademarks will examine whether it complies with the established requirements.
If the Registrar raises any objections (either absolute or relative grounds), an Examination Report will be issued.
- You must file a written reply to the objections within 30 days from the date of receipt of the report.
- If the Registrar finds the reply satisfactory, the application proceeds to publication.
- If not, the Registrar may schedule a show-cause hearing for further clarification before deciding on acceptance or rejection.
Step 5: Publication in the Trademark Journal
Once your application is accepted, the mark is advertised in the Trademark Journal. The trademark remains published for 4 months, allowing third parties to file an opposition.
Step 6: Opposition and Issuance of Registration Certificate
If someone opposes the registration, the case may go into a hearing. If it is resolved in your favour or if unopposed, the registrar issues a registration certificate.
Trademark Validity and Renewal
- A registered trademark is valid for 10 years from the date of registration
- The registration can be renewed from time to time for successive periods of ten years each.
Conclusion
In order to safeguard the identity and integrity of businesses involved in management, consulting, retail, and advertising, Trademark Class 35 is essential. With the growth of digital marketing, e-commerce, and service-based businesses, protecting your brand under Class 35 guarantees legal protection, improves your reputation, and creates growth opportunities.
A Class 35 trademark is a calculated move to ensure long-term brand value and market recognition if your company works in the commercial, promotional, or support services industries.
Related Services
